Terms of Use and Sale

These Terms set out the rights and obligations of DivingList and of the customer in connection with the subscription and use of the platform. They prevail over any of the customer's own documents unless expressly agreed in writing.

DivingList provides software for dive centers to manage dive schedules, diver records, bookings, equipment, payments, and staff access. We may update, add, or remove features to improve the service.

The service is reserved for professional users. You must provide accurate information, keep your credentials confidential, and are responsible for all activity under your account. The person creating the account must be at least 18 years old and able to enter into a binding contract.

The service is offered on subscription plans described on the pricing page. Prices are stated in the currency shown there and exclusive of tax; any applicable sales or other taxes are added at the rate in force on the invoice date.

Paid plans are billed in advance on a monthly or annual cycle through our payment processor, Stripe. By subscribing you authorise the corresponding recurring charge. Free trials, where offered, convert to a paid subscription unless cancelled before the trial ends.

Fees already due are payable in full and, given the professional nature of the service, are non-refundable except where the law requires otherwise. Late payment may lead to suspension of access.

You can cancel at any time; cancellation takes effect at the end of the current billing period, and you keep access until then. We may change prices with reasonable prior notice, effective from your next billing period.

As the service is supplied to professionals for their business activity, no statutory cooling-off right applies. Subscriptions take effect immediately upon confirmation, and you may cancel at any time under the terms described above.

You agree not to misuse the service, including by breaking the law, infringing others' rights, uploading malicious code, attempting to gain unauthorised access, or using the platform to send unsolicited communications.

You retain ownership of the data you put into the platform. You are the controller of the diver and customer records you store, and are responsible for having a lawful basis to collect and process them and for the accuracy of that data.

You grant us the limited rights needed to host and process your data in order to provide the service, as described in our Privacy Policy, under which we act as your processor.

The DivingList platform, including its software, design, and branding, is owned by us and protected by intellectual-property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the service for the duration of your subscription; they do not transfer any ownership to you.

The service relies on third parties such as Stripe, Supabase, and Vercel. Your use of those services through DivingList may also be subject to their terms, and we are not responsible for their acts or omissions.

We work to keep the service available and reliable but provide it "as is" and "as available", without warranties of any kind to the extent permitted by law. We disclaim all implied warranties, including merchantability and fitness for a particular purpose, and do not guarantee uninterrupted or error-free operation.

To the maximum extent permitted by law, DivingList is not liable for indirect, incidental, or consequential damages, or for loss of data, revenue, or profits. Our total liability under these Terms is limited to the amounts you paid us in the 12 months before the event giving rise to the claim.

You remain solely responsible for your operational and safety decisions as a dive center; the platform is a management tool and does not replace your professional judgment or regulatory obligations.

You may stop using the service and close your account at any time. We may suspend or terminate access if you materially breach these Terms or use the service in a way that creates risk or legal exposure. On termination you may export your data for a reasonable period before it is deleted.

Neither party is liable for any failure or delay caused by an event beyond its reasonable control, including outages of communication networks or of the hosting or payment providers on which the service depends.

For any complaint about the service, please contact us first at contact@divinglist.com so we can seek an amicable solution before any legal action.

If any provision of these Terms is held invalid, the remaining provisions stay in force. These Terms, together with the Privacy Policy and the order details, form the entire agreement between the parties for the service.

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules. Failing an amicable resolution, any dispute will be subject to the exclusive jurisdiction of the state and federal courts located in Wyoming, and the parties consent to that jurisdiction and venue.

We may update these Terms from time to time. We will post the new version here and update the date above, and material changes will take effect after we give you notice.

Questions about these Terms can be sent to contact@divinglist.com.